Articles
Get clarity on criminal charges, court processes, and police powers with expert legal articles from Stary Norton Halphen & Galbally, Victoria’s experienced specialist criminal defence lawyers.
Doli Incapax in Victoria
Doli incapax is the legal presumption that a child aged between 12 and 14 is incapable of committing a criminal offence unless the prosecution proves the child understood the conduct was seriously wrong. Learn how doli incapax works in Victoria, including police interviews, Children’s Court matters and early legal advice.
Understanding the difference between being Arrested, Charged, and Convicted
Arrest, charge and conviction are often used interchangeably, but in Australian criminal law they have distinct meanings. This guide explains each stage of the criminal justice process, your rights when arrested, and what each outcome means in practice.
Dangerous Driving Causing Death: Skilled Advocacy in Complex Cases
Cases of dangerous driving causing death are among the most serious and challenging in the County Court.
Bail – Balancing Community Protection and the Rights of the Accused
Public debate around bail often centres on risk and blame—but the reality is far more complex. This article explores how bail works in Victoria, why it exists, and how courts balance individual rights with community safety when making decisions.
Police Deception and the Right to Silence
The investigation of crime is not a game governed by a sportsman’s code of fair play.
Trust in Australia’s Justice System: Causes & Consequences
Public confidence in the justice system is being steadily eroded by sensationalist media coverage, political attacks, and uneven scrutiny of institutions. This article examines how these forces shape perceptions of the judiciary, the imbalance between criticism of courts and policing, and the broader consequences for governance and democracy.
What to Do When Police Want to Interview You in Victoria
A police interview can significantly affect your case. Understanding your rights and getting early legal advice is critical before speaking to police.
Understanding Firearm Offences in Victoria: Charges, Penalties and Legal Advice
Firearm offences in Victoria are governed by the Firearms Act 1996 (Vic), which regulates the possession, use, storage and acquisition of firearms.
What a Criminal Record Means in Victoria
A criminal record is a formal record of a person’s proven criminal history, including any findings of guilt or convictions.
In Victoria, criminal records are maintained by law enforcement authorities and may be accessed by authorised agencies for specific purposes, including employment screening, licensing, immigration, and travel-related assessments.
Bail Applications in Victoria
Understand bail applications in Victoria, including compelling reasons and exceptional circumstances tests under the Bail Act. Experienced criminal lawyers explain the process, risk assessment, and how bail is decided in Victorian courts.
Child Abuse Material Charges in Victoria: Laws, Penalties and Legal Defences
Child abuse material offences in Victoria are extremely serious and often result in imprisonment and registration obligations. This article explains the law, penalties, and legal defences for possession and production charges.
Sex Offender Registration in Victoria: Reporting Obligations, Categories and Legal Consequences
Sex offender registration in Victoria applies to a wide range of sexual offences and carries strict reporting obligations. Understanding whether registration is mandatory or discretionary, and the consequences of breach, is critical.
Corporate, White Collar Crime and Dishonesty Offences in Victoria: Fraud, Theft and Financial Crime Explained
White collar crime in Victoria covers a wide range of dishonesty and corporate offences, including fraud, theft, and financial advantage by deception. These matters are complex and often involve significant penalties, making early specialist legal advice essential.
WorkCover and TAC Fraud in Victoria: Prosecutions, Penalties and Legal Advice
WorkCover and TAC fraud prosecutions in Victoria involve serious allegations under workplace safety and transport accident laws. These matters can result in significant fines, imprisonment, and long-term consequences. Understanding the charges and seeking early legal advice is critical.
Children’s Court Crime in Victoria: Can a Child Be Charged?
Children under 10 cannot be charged with a crime in Victoria, and special legal principles apply for young people under 14. Most youth matters are heard in the Children’s Court.
Facing Property Damage Charges in Victoria? Here’s What You Need to Know
Property damage offences in Victoria involve intentionally or dishonestly damaging or destroying property, with penalties of up to 15 years’ imprisonment depending on severity.
Criminal Justice Diversion Program in Victoria
The Criminal Justice Diversion Program allows eligible individuals in Victoria to avoid a criminal conviction by completing a court-approved diversion plan, subject to Magistrate approval.
Family Violence and the Law in Victoria: Understanding Intervention Orders
Family violence in Victoria is governed by the Family Violence Protection Act and can result in intervention orders. Learn how FVIOs and PSIOs work, conditions, and legal defences.
How Bail Applications Are Handled in the Supreme Court: What to Expect
Bail applications in the Supreme Court of Victoria determine whether an accused person is released from custody pending trial. Learn the process, legal tests, and key considerations involved.
Family Violence Charges in Victoria: Legal Defences and Your Rights
Allegations of family violence are complex and sensitive in nature. Being accused of family violence offending can have profound legal and personal consequences.